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CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

The following Construction news provides comprehensive and up to date legal information on CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

Whatever happened to state aid? The UK government’s plans for regulating subsidies to business

The following Local Government news provides comprehensive and up to date legal information on Whatever happened to state aid? The UK government’s plans for regulating subsidies to business

Court of Justice finds an agreement for lease did not fall within procurement rules

The following Commercial news provides comprehensive and up to date legal information on Court of Justice finds an agreement for lease did not fall within procurement rules

Can care orders and special guardianship orders coexist? (Re F and another)

The following Family news provides comprehensive and up to date legal information on Can care orders and special guardianship orders coexist? (Re F and another)

Featured Local Government content

IP rights and semiconductors

Background to semiconductorsA semiconductor is essentially any material which has electrical conductivity and can thus either conduct, or conversely,...

Letter responding to clarification requests

[On headed paper][insert date][Address of tenderer provided in request for clarification]Dear [[insert contact name of tenderer] OR [insert contact...

Definition and classification of highways

Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...

Civil recovery orders in SFO cases

A civil recovery order (CRO) is an order available to recover the proceeds of crime through action in the High Court, rather than the criminal court,...

Practice notes

Concurrent and reversionary leases

There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...

9th Nov

Practice notes

Termination for breach of contract

The termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the contract is in breach of contract•the...

9th Nov

In-house

Practice notes

Termination and expiry of contracts

This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...

9th Nov

COVID-19

In-house

Practice notes

Judicial review time limits—extensions and urgent cases

When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan

Practice notes

Damages in tort claims—recovery and assessment

This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages,...

Produced in partnership with Lina Mattsson of Hardwicke Chambers 12th Jan

Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...

9th Nov

Practice notes

Single justice procedure

The introduction of trial by a single justice was a response to a belief, on the part of the government, that the use of two or three justices to deal...

Produced in partnership with Quinton Newcomb of Fulcrum Chambers 12th Jan

Practice notes

Section 38 and section 278 Highways Act agreements—contractor’s perspective

This Practice Note examines agreements entered into under sections 38 and 278 of the Highways Act 1980, considering the obligations they impose and,...

9th Nov

Practice notes

Active bribery, passive bribery and bribing foreign public officials

The purpose of this Practice Note is to provide a general understanding of the offences under section 1, 2 and 6 of the Bribery Act 2010 (BA 2010). It...

Produced in partnership with Joanne Kane of Carmelite Chambers 12th Jan

Practice notes

Highways, street works and statutory undertakers

Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...

Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 12th Jan

Practice notes

HCPC—Main hearing of the Health and Care Professions Tribunal

This Practice Note explains the main fitness to practise hearing before the Health and Care Professions Tribunal (HCPT). It deals with preparation for...

Produced in partnership with Paul Renteurs of 2 Hare Court 12th Jan

Practice notes

Facilitation payments under the Bribery Act 2010

Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small...

Produced in partnership with Richard Furlong of Carmelite Chambers 12th Jan

Practice notes

Contract interpretation—express terms in contracts

Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...

9th Nov

Practice notes

Forming enforceable contracts—consideration

This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A...

9th Nov

In-house

Practice notes

Introduction to passing off

Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or...

9th Nov

In-house

Practice notes

Forming enforceable contracts—intention to create legal relations

An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because,...

9th Nov

Most recent Ownership content

Practice notes

Coronavirus (COVID-19)—social housing tracker

This tracker is intended to be used to track key developments, legislation, guidance, parliamentary briefing notes and other sources of interest...

7th May

COVID-19

Practice notes

Entitlements under shared ownership leases

Through shared ownership (SO) the purchaser buys a share of the property and pays rent on the remainder. Additional shares can be bought and the...

Produced in partnership with Kevin Long of Hackney Community Law Centre 9th Apr

Practice notes

Right to acquire

What is the Right to acquire?The Right to acquire (RTA) gives eligible housing association tenants a statutory right to buy the freehold or long...

Produced in partnership with Kevin Long of Hackney Community Law Centre 9th Apr

Practice notes

Affordable home ownership

The most commonly referred to definition of ‘affordable home ownership’ is set out in Annex 2 (b–d) of the National Planning Policy Framework...

Produced in partnership with Kevin Long of Hackney Community Law Centre 9th Apr

Practice notes

Starter homes policy and the Housing and Planning Act 2016

Starter homes policy2014 starter homes consultationIn December 2014 the government first announced its intention to launch a new starter homes scheme,...

8th Apr

Practice notes

Right to buy

Scope of the right to buyEnglandThe Right to Buy (RTB) scheme operates in England under provisions in the Housing Act 1985. WalesThe RTB (including...

Produced in partnership with Kevin Long of Hackney Community Law Centre 7th Apr

Q&As

A housing association seller has a headlease from the council. The headlease contains an absolute prohibition on underletting. The particular concern is that this could create an issue in future if the buyer/successor-in-title wishes to exercise the right to acquire and apply for a lease extension. The council will not consent to a deed of variation to remove the prohibition on underletting insisting that the statutory rights are sufficient. Does a preserved right to acquire/statutory right to extend a lease prevail over the express provisions of the head lease to the contrary?

Prohibition on underletting generallyAn absolute prohibition on underletting is a clause contained within the headlease that prevents the headlessee...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Mar

Q&As

A council is obliged to sell leasehold properties under the Right to Buy provision, but there remains only 71 years on the leasehold of a property whose freeholders are unknown and unregistered. Is there a way for the council to extend the lease the leasehold ownership or acquire the freehold?

Under the Housing Act 1985 (HA 1985) the right to buy (RTB) scheme gives eligible secure tenants the statutory right to buy their property at a...

13th Feb

Q&As

What powers and duties does a housing authority to resolve disputes cross alleging anti-social behaviour between the right to buy owners and a secure tenant that the housing authority consider, do not amount to anti-social behaviour but cause endless complaints?

A local housing authority will generally have more duties towards a tenant of theirs than they will towards a right to buy (RTB) owner. On the basis...

Produced in partnership with Alexander Campbell of Field Court Chambers 13th Feb

Q&As

What remedies does the council have for a purchaser failing to adhere to timescales under the right to buy legislation? What are the timescales for the buyer to adhere to in respect of any notices served by the council?

Secure or flexible tenants have the ‘right to buy’ their homes at a discount after they have spent a specified time as a public sector tenant. This is...

Produced in partnership with Elizabeth England of 42 Bedford Row 13th Feb

Q&As

Could the postponement of a council's right to buy (RTB) charge (which secures the RTB discount) be dealt with by letter/certificate confirming that the council agrees to postpone their charge? Would it have to take the form of a deed?

The right to buy (RTB) scheme enables eligible council and housing association tenants to buy their home at a discount. The maximum amount of discount...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb

Q&As

Can a local authority dispose of a property to a non-registered housing provider without the consent of the Secretary of State?

In England, Wales and Scotland, a local authority must have the consent of the appropriate ministerial authority to dispose of any land to any third...

13th Feb

Q&As

Can a registered provider seek a second valuation for a right to buy property if they do not agree with the first valuation? Is there any case law that supports the view that they can seek a second valuation?

Where a tenant has claimed the right to buy (under Part V of the Housing Act 1985 (HA 1985)), and has established that right, then the landlord must...

13th Feb

Q&As

Is it possible for the right to buy to arise where a County Council grants an assured shorthold tenancy for a private residential self-contained house?

Assured shorthold tenancy (AST)Section 1(2) and Schedule 1, Part I of the Housing Act 1996 provide that local authorities cannot grant assured...

13th Feb

Q&As

If a council property is fire damaged after a tenant serves notice that they would like to buy it, can the process continue and does this impact on the statutory timescales? If so, who is responsible for dealing with the repairs?

Before conveyance of the property, the landlord is likely to have to repair damage to the structure, exterior and some installations and common parts...

Produced in partnership with Josephine Henderson of Five Paper Buildings 13th Feb

Q&As

Does section 178 of the Housing Act 1985 apply to costs that arise from enquiries made by a purchaser exercising their right to buy which relate to land contamination? Would a local authority be under an obligation by virtue of section 178 to provide replies to land contamination enquiries free of charge?

For the purposes of this Q&A we have focused on the nature and extent of the provision of section 178 of the Housing Act 1985 (HA 1985) which applies...

Produced in partnership with Elizabeth England of 42 Bedford Row 13th Feb

Q&As

What are the eligibility requirements of low cost discounted market housing?

Low cost discounted market housingWe refer you to Practice Note: Affordable home ownership, which outlines what low cost market housing is and...

13th Feb

Q&As

What are the implications for a secure tenant in terms of a potential claim to right to buy and the calculation of discount (in particular in relation to the period of occupation) when that secure tenant has agreed to—surrender the whole and take a regrant of part of the large garden comprising part of the premises under the secure tenancy agreement?

To be eligible for Right to Buy (RTB), the tenant must have been in a public sector tenancy for at least three years (section 28 of the Deregulation...

13th Feb

Q&As

Does an assured shorthold tenant have the right to buy a property built by a local authority as part of a joint venture company?

Local housing authorityIn England and Wales, local housing authorities are the unitary authorities, district councils, the Council of the Isles of...

13th Feb

Q&As

A tenancy was solely in Party A’s name and has recently, via property adjustment order, been transferred solely into Party B’s name. Under the right to buy scheme, would Party B need to wait three years from the date of the property adjustment order, or three years from the date of the original tenancy agreement? Would the position change if the first year of the original tenancy was an introductory tenancy?

The right to buy scheme enables most council tenants to buy their council home at a discount, provided they are a secure tenant, it is their only or...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb

Ownership

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Latest Local Government News

CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

Whatever happened to state aid? The UK government’s plans for regulating subsidies to business

Court of Justice finds an agreement for lease did not fall within procurement rules

Can care orders and special guardianship orders coexist? (Re F and another)

Featured Local Government content

IP rights and semiconductors

Letter responding to clarification requests

Definition and classification of highways

Civil recovery orders in SFO cases

Most recent Ownership content

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Introduction to passing off

Written basis of plea and Newton hearings

Causation and intervening acts in criminal cases

Wounding or causing grievous bodily harm with intent

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